Supreme Court dismissed cassation, ruling the 1985 regulation applies to coal allowance recipients losing natural coal rights in 1996.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a pensioner against a social insurance fund's decision to recalculate his disability pension. The court held that the 1985 regulation on pension calculation bases applies to individuals who lost their right to receive coal allowances in kind on January 1, 1996. Consequently, the lower court's judgment, which correctly applied the law despite flawed reasoning, was upheld as the cassation lacked valid grounds.
Legislator headnote
AI generated§ 5 ust. 1 rozporządzenia Rady Ministrów z dnia 1 kwietnia 1985 r.; The regulation governing the basis for calculating pensions and allowances applies to recipients who lose the right to receive coal allowances in kind, requiring the value of the lost allowance to be included in the pension base.